Constitution of India, Law & Engineering Notes UNIT-1

5. Article 356: Provisions in case of failure of constitutional

machinery in State.
Constitution of India, Law 6. Article 357: Exercise of legislative powers under
and Engineering (KNC501) Proclamation issued under Article 356.

7. Article 358: Suspension of provisions of article 19 during

Discuss the major provisions of Emergency as per the Emergencies.
constitution of India.
8. Article 359: Suspension of the enforcement of the rights
EMERGENCY is defined as a situation, which is not normal, conferred by Part III during emergencies.
which calls for immediate remedial action or remedy.
9. Article 360: Provisions as to Financial Emergency.
The Indian Constitution gives President the authority to
declare three types of emergencies: National Emergency,
State Emergency and Financial Emergency. Emergency Difference between the National Emergency and
provisions in India are borrowed from the Weimar President’s Rule
Constitution of Germany. Constitution of India envisages
emergency of following three types:

 Article 352- National Emergency National Emergency (Article

President’s Rule (Article 356)
352)
 Article 356-Emergency in state ( president’s rule)

 Article 360- Financial Emergency National Emergency is State Emergency is proclaimed

proclaimed under Article 352 under Article 356 when the State
Emergency Provisions on the ground of war, external Government cannot be carried
aggression and armed out according to the
1. Article 352: Proclamation of Emergency. rebellion. Constitutional provisions.

2. Article 353: Effect of Proclamation of Emergency.

State Executive and State Executive powers get
3. Article 354: Application of provisions relating to the legislature perform their vested in the Central. Governor
distribution of revenues while a proclamation of emergency is power as mentioned in List II works in the state on the advice
of Schedule VII. Concurrent of the President. State Legislative
in operation.
List power vests in the Central Assembly is dissolved or
4. Article 355: Duty of the Union to protect States against Government. suspended.
external aggression and internal disturbance.

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Constitution of India, Law & Engineering Notes UNIT-1
Discuss the major features of the Government of India
National Emergency (Article Act 1935.
President’s Rule (Article 356)
352)
Government of India Act of 1935 marked the second
The maximum period up to which milestone towards a completely responsible government in
The Proclamation may be India. It ended Diarchy and provided the establishment of All
State Emergency may continue is
continued for an indefinite India Federation. This act served some useful purposes by
three years after which it will
time as no maximum period is the experiment of provincial autonomy, thus we can say that
cease but it may be further
prescribed but it is subject to
continued after the Constitutional the Government of India Act 1935 marks a point of no return
renew every six months.
Amendment. in the history of constitutional development in India.

Fundamental Rights are

Features of the Act
There was no effect on the
suspended during National
Fundamental Rights of the  It provided for the establishment of an All-India
Emergency except Article 20
people of the State. Federation consisting of provinces and princely states
& 21.
as units. The Act divided the powers between the
Centre and units in terms of three lists—Federal List
Resolution for the (for Centre, with 59 items), Provincial List (for
continuation of the provinces, with 54 items) and the Concurrent List (for
Resolution can be passed with a
proclamation of emergency both, with 36 items). Residuary powers were given to
simple majority in the Parliament.
must be passed with a special
the Viceroy. However, the federation never came into
majority.
being as the princely states did not join it.

The resolution for the Resolution for revocation of the  It abolished dyarchy in the provinces and introduced
revocation of the proclamation proclamation can be passed by ‘provincial autonomy’ in its place. The provinces were
can be passed by Lok Sabha. President in his discretion. allowed to act as autonomous units of administration in
their defined spheres.
During this emergency, the
Centre’s relation undergoes a  It provided for the adoption of diarchy at the Centre.
Centre’s relation undergoes a
modification only with the state Consequently, the federal subjects were divided into
modification with all the
under the President’s Rule. reserved subjects and transferred subjects. However,
States.
this provision of the Act did not come into operation at
all.

 It introduced bicameralism in six out of eleven

provinces. Thus, the legislatures of Bengal, Bombay,
Madras, Bihar, Assam and the United Provinces were
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Constitution of India, Law & Engineering Notes
made bicameral consisting of a legislative council
(upper house) and a legislative assembly (lower
house). However, many restrictions were placed on
them.
 It further extended the principle of communal
representation by providing separate electorates for
depressed classes (scheduled castes), women and
labour (workers).
 It abolished the Council of India, established by the
Government of India Act of 1858. The secretary of
state for India was provided with a team of advisors.
 It extended franchise. About 10 per cent of the total
population got the voting right.
 It provided for the establishment of a Reserve Bank of
India to control the currency and credit of the country.
 It provided for the establishment of not only a Federal
Public Service Commission but also a Provincial Public
Service Commission and Joint Public Service
Commission for two or more provinces.
 It provided for the establishment of a Federal Court,
which was set up in 1937.
What are the Fundamental Rights? Explain in detail.
There are six fundamental rights of Indian Constitution along
with the constitutional articles related to them are mentioned
below:
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
[By Prof. Narendra Kumar_9560549827]
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3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone,
irrespective of religion, gender, caste, race or place of birth. It
ensures equal employment opportunities in the government
and insures against discrimination by the State in matters of
employment on the basis of caste, religion, etc. This right
also includes the abolition of titles as well as untouchability
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by
any democratic society. The Indian Constitution guarantees
freedom to citizens. The freedom right includes many rights
such as:
 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practice any profession
 Freedom to reside in any part of the country
3. Right against Exploitation (Articles 23 – 24)
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Constitution of India, Law & Engineering Notes
This right implies the prohibition of traffic in human
beings, begar, and other forms of forced labour. It also
implies the prohibition of children in factories, etc. The
Constitution prohibits the employment of children under 14
years in hazardous conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is
equal respect given to all religions. There is freedom of
conscience, profession, practice and propagation of religion.
The State has no official religion. Every person has the right
to freely practice his or her faith, establish and maintain
religious and charitable institutions.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and
linguistic minorities, by facilitating them to preserve their
heritage and culture. Educational rights are for ensuring
education for everyone without any discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’
fundamental rights are violated. The government cannot
infringe upon or curb anyone’s rights. When these rights are
violated, the aggrieved party can approach the courts.
Citizens can even go directly to the Supreme Court which
can issue writs for enforcing fundamental rights.
[By Prof. Narendra Kumar_9560549827]
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Write a note on the relations between the union and
the state.
India is a union of states. The constitution of India has
divided the legislative, executive and financial powers
between the centre and the states, which gives the
constitution a federal character whereas the judiciary is
integrated into a hierarchical structure.
The centre-state relations are divided into three parts, which
are mentioned below:
(A) Legislative Relations (Article 245-255)
Articles 245 to 255 in Part XI deals with different aspects of
legislative relations between centre and states. These
include:
(1) Territorial jurisdiction of laws made by the Parliament and
by the Legislatures of States.
(2) Distribution of legislative subjects
(3) Power of the parliament to legislate with respect to a
matter in the State List
(4) Centre's control state legislation
However, Seventh Schedule of the Constitution provides for
the distribution of legislative powers between the centre and
the states. The legislative subjects are divided into List I (the
Union List), List II (the Concurrent List) and List III (the State
List).
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Constitution of India, Law & Engineering Notes
(B) Administrative Relations (Article 256-263)
Article 256 to 263 deals with the administrative relations
between the centre and the states. Article 256 states that
"the executive power of every State shall be so exercised as
to ensure compliance with the laws made by the parliament
and any existing laws which apply in that State, and the
executive power of the Union shall extend to the giving of
such directions to a State as may appear to the Government
of India to be necessary for that purpose".
Cooperation between the Centre and the States Centre-
State Relations during Emergency.
(C) Financial Relations (Article 268-293)
The Constitution deals with the center-state financial
relations in Article 268-293 of Part XII.
Allocation of taxing powers
The Constitution has provided the union government and the
state governments with the independent sources of revenue.
It allocates the powers to center and the states in the
following way:
(i) The parliament has exclusive power to levy taxes on the
subjects mentioned in the Union List.
(ii) The state legislatures have exclusive power to levy taxes
on the subjects mentioned in the State List.
(iii) Both the parliament and the state legislature are
empowered to levy taxes on the subjects mentioned in the
Concurrent List.
(iv) The parliament has exclusive power to levy taxes on the
matters related to the residuary subjects.
[By Prof. Narendra Kumar_9560549827]
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Discuss the major features of the Independence Act
1947.
Indian Independence Act 1947/ Lord Mountbatten Plan
On June 3, 1947, Lord Mountbatten put forward his plan
which outlined the steps for the solution of India’s political
problem. The main purpose of the Mountbatten Plan was the
partition of India and the speedy transfer of responsibility,
initially in the form of Dominion Status.
 India to be divided into India and Pakistan, two
independent dominions.
 There would be a separate constituent assembly for
Pakistan to frame its constitution.
 The Princely states would enjoy the liberty to join either
India or Pakistan or ever remain independent.
 August 15, 1947, was date fixed for handling over
power to India and Pakistan.
 The Act proclaimed lapse of British power over Indian
States.
What are the fundamental duties as per the
constitution of India?
The list of 11 Fundamental Duties under article 51-A to be
obeyed by every Indian citizen is given below:
 Abide by the Indian Constitution and respect its ideals
and institutions, the National Flag and the National
Anthem.
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Constitution of India, Law & Engineering Notes
 Cherish and follow the noble ideals that inspired the
national struggle for freedom
 Uphold and protect the sovereignty, unity and integrity
of India.
 Defend the country and render national service when
called upon to do so.
 Promote harmony and the spirit of common
brotherhood amongst all the people of India
transcending religious, linguistic and regional or
sectional diversities and to renounce practices
derogatory to the dignity of women.
 Value and preserve the rich heritage of the country’s
composite culture
 Protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have
compassion for living creatures
 Develop scientific temper, humanism and the spirit of
inquiry and reform
 Safeguard public property and to abjure violence
 Strive towards excellence in all spheres of individual
and collective activity so that the nation constantly
rises to higher levels of endeavour and achievement.
 Provide opportunities for education to his child or ward
between the age of six and fourteen years. This duty
was added by the 86th Constitutional Amendment Act,
2002.
[By Prof. Narendra Kumar_9560549827]
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What is the Local Self-Government system in India?
Local self-government implies the transference of the power
to rule, to the lowest rungs of political order. It is a form of
democratic decentralization where the participation of even
the grass root level of the society is ensured in the process of
administration.
Local government in India refers to governmental
jurisdictions below the level of the state.
India is a federal republic with three spheres of government:
central, state and local. The 73rd and 74th constitutional
amendments give recognition and protection to local
governments and in addition, each state has its own local
government legislation.
The foundation of present local self-government was laid by
The Panchayati Raj System (1992).
Since 1992, local government in India takes place in two very
distinct forms. Urban localities, covered in the 74th
amendment to the Constitution, have Municipal Corporations
but derive their powers from the individual state
governments, while the powers of rural localities have been
formalized under the Panchayati Raj System, under the 73rd
amendment to the Constitution.
The local self-government started at village and district levels
after 73rd and 74th amendments in 1993, it comprises of
Gram Panchayats, Mandals, or Taluka Panchayats and Zila
Panchayats in Panchayati Raj Institutions. At urban levels,
there are Nagar Panchayats , Municipal Councils and
municipal corporations.
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Constitution of India, Law & Engineering Notes
The main aim of the Local Self government was to involve
the grassroot level of population in decision making. Local
bodies were also to serve the purpose of the participation of
people and training in politics.
Discuss three important Constitutional Amendments.
1. Abolition of states according to classes and the
introduction of Union Territories and reorganisation
of states by language (1956)
This was one of the first significant reforms of the boundaries
of Indian states and territories, organising them by the
language spoken in those areas. This systematically
arranged the states and lowered the complexity of state
boundaries. Apart from this, it also abolished the
classification of states by progress and per-capita income of
the states.
2. The mini-constitution (42nd amendment) inserted
Socialism and Secularism in the preamble, a provision
on fundamental (1976):
Secularism and socialism were inserted to restore the faith of
the nation that minorities would be safe and not be exploited
by the rich strata. Also, the rich would not be allowed to
dominate the country’s economy. The main reason to add
socialism was to promote social as well as economic equality
in the country. Similarly, the main reason to add secularism
was to imply that there was no official state religion of the
country.
3. Right to Property deleted from the list of
fundamental rights (1978):
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The fundamental right to property in India was removed to
permit the reorganisation of land and to facilitate land
acquisition for developmental projects. This was carried out
by the Indian government at that time since it was not
affluent enough to pay people whatever they demanded their
land.
Ques 5. Discuss the Power of the Parliament under
Article 368 to Amend the Constitution.
Article 368 of the Indian Constitution provides the procedure
of Amendment. Indian Constitution is neither rigid nor flexible
because under Article 368 the Constitution can be amended
by a simple majority or by the special majority and by the
majority of not less than 2/3 members of each house. Indian
Constitution is both rigid as well as flexible i.e. it is difficult to
amend but practically flexible. As per Article 368 of the Indian
Constitution, an amendment can be introduced in either of
the houses, later it can be passed by a special majority or by
a simple majority. Later if the bill is passed by the majority, it
will be sent to the President for his assent
Elaborate Salient features of an Indian Constitution.
Every written constitution in the world has its own unique
characteristics, and no exception is the Indian Constitution.
But the Indian Constitution has many prominent features that
distinguish it from the other Constitutions.
1. Longest written Constitution
The Indian constitution is the world's longest for a sovereign
nation. At its enactment, it had 395 articles in 22 parts and 8
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Constitution of India, Law & Engineering Notes
schedules. For example, the UK has no written constitution,
while the US Constitution contains only seven articles.
2. Taken from various sources
The Indian Constitution was framed from multiple sources
including the 1935 Government of India Act and Other
Countries Constitutions.
3. Partly rigid and flexible
A rigid Constitution is one that requires a special procedure
for its amendment, as for example, the American
Constitution.
A flexible constitution, on the other hand, is one that can be
amended in the same manner as the ordinary laws are
made, as for example, the British Constitution.
The Constitution of India is neither rigid nor flexible but a
synthesis of both
4. Parliamentary System of Govt.
The parliamentary system is based on the principle of
cooperation and coordination between the legislative and
executive organs
The Constitution establishes the parliamentary system not
only at the Centre but also in the states.
5. A Federation
Federal System with Unitar, The Indian Constitution includes
all the federal characteristics of governance such as dual
government system (centre and state), division of powers
between the three state organs (executive, judiciary and
legislature), constitutional supremacy, independent judiciary
and bicameralism (lower and upper house)
[By Prof. Narendra Kumar_9560549827]
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6. Fundamental Rights
Part III of the Indian Constitution guarantees six fundamental
rights to all the citizens:
(a) Right to Equality (Articles 14–18),
(b) Right to Freedom (Articles 19–22),
(c) Right against Exploitation (Articles 23–24),
(d) Right to Freedom of Religion (Articles 25–28),
(e) Cultural and Educational Rights (Articles 29–30), and
(f) Right to Constitutional Remedies (Article 32).
Directive Principles of State Policy
In Part IV of the Constitution, the Directive Principles of State
Policies (DPSPs) aims to make India a welfare state.
Therefore, Dr B.R. Ambedkar calls the Directive Principles as
the Indian Constitution's novel feature. The Principles of the
Directive are inherently unjustifiable, that is, they are not
enforceable for their violation by the courts.
7. Fundamental Duties
The Part IV-A of the Constitution (which consists of only one
Article—51- A) specifies the eleven Fundamental Duties viz.,
to respect the Constitution, national flag and national
anthem; to protect the sovereignty, unity and integrity of the
country; to promote the spirit of common brotherhood
amongst all the people; to preserve the rich heritage of our
composite culture and so on
8. Secular State
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Constitution of India, Law & Engineering Notes UNIT-1
The Constitution of India stands for a secular state. It does
not uphold any particular religion as the official religion of the
Indian State

9. An independent Judiciary
In India, unlike the United States where there is a two-tiered
judiciary, a single judicial system prevails with the Supreme
Court at the top, the State and District High Courts and other
subordinate courts below and subject to the supervision of
the High Courts

10. Single Citizenship

Though the Indian Constitution is federal and envisages a
dual polity (Centre and states), it provides for only single
citizenship, that is, the Indian citizenship.

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